Schedule SS-HSE SITE SPECIFIC TERMS
For purposes of these Site Specific Terms, (i) the term Agreement, as used herein, shall mean the agreement or contract with the Supplier to which Company is a party (ii) the term Supplier, as used herein, shall mean the supplier, service provider, Service Provider or seller that is identified in the Agreement; and (iii) the term Services, as used herein, shall include Work, if any, to be performed by Supplier under a construction or construction management Agreement.
Supplier agrees to the following Site Specific Terms with respect to Products/Services supplied to Company. The following are expressly incorporated into, and made a part of, the Agreement as if set forth fully therein.
Definitions. Except as otherwise defined herein, all capitalized terms in these Site Specific Terms shall have the same meanings as in the Agreement.
Company Safety, Health and Environmental Requirements. If, in supplying Products/Services to Company, Supplier and/or its Personnel are required to be on Site or other property of Company (either to perform Services or deliver Products), Supplier shall comply with and ensure that Supplier’s Personnel (including, without limitation, all of Supplier’s sub-Suppliers of any tier) comply with Company’s Safety, Health and Environmental Requirements attached hereto as Appendix 1 – 8.
Company Supplier’s Drug/Alcohol Prevention Policy. If, in supplying Products/Services to Company, Supplier and/or its Personnel are required to be on Site or other property of Company (either to perform Services or deliver Products), Supplier will comply with and ensure that Supplier’s Personnel, including, without limitation, all of Supplier’s sub-Suppliers of any tier, comply with Company’s Drug and Alcohol Prevention Policy attached hereto as Appendix 9.
Additional Insurance Requirements. Notwithstanding anything in the Agreement to the contrary, in the event that Services are to be performed on Site in Michigan, Supplier shall, at its sole expense, purchase and maintain workers’ compensation insurance and employers’ liability insurance, utilizing the National Council of Compensation Insurers (“NCCI”) policy form, and on such terms (including limits of liability) as required by Michigan law or as provided in the Agreement, whichever is more stringent. Prior to performing any Services on any Company property in Michigan, Supplier shall provide satisfactory written evidence to Company that workers’ compensation and employers’ liability insurance coverage is in place.
Provisions Pertaining to Policies. Company expressly reserves the right to modify and change its various policies that are referenced in this Agreement, including without limitation, Company’s safety, health, environmental security, drug and alcohol and other policies. Such revisions shall not, however, be binding upon the Supplier until the written revision has been provided to Supplier.
Eagle Mine Our “Life Saving Rules”:
If, in supplying Products/Services to Company, Supplier and/or its Personnel are required to be on Site or other property of Company (either to perform Services or deliver Products), Supplier shall comply with and ensure that Supplier’s Personnel (including, without limitation, all of Supplier’s sub-Suppliers of any tier) comply with Company’s “Life Saving Rules”. These are the Company’s cardinal safety and health rules and any violation of a ‘Life-Saving Rule’ can result in disciplinary action including removal from site and termination
- always wear seatbelts when operating or riding in vehicles and mobile equipment.
- never use a mobile phone when operating a vehicle or mobile equipment.
- always isolate equipment and apply lockout-tag out protection before performing work.
- only use equipment that is safe and that we’re trained and qualified to operate.
- never disable, defeat or bypass safety devices, limit switches or alarms.
- only enter confined spaces after first making them safe and obtaining an entry permit.
- never work or cross under a suspended load or operating man basket.
- always wear fall protection or use fall prevention measures when exposed to fall hazards.
- never work under unsupported ground.
- always report to work free from the influence of drugs or alcohol.
Eagle Mine Safe Driving Rules:
The maximum speed limit on CR550, CR510, Triple-A, Hwy41, HWY95, & CR 601 roads is 55 MPH.
- Unless otherwise posted, the maximum speed limit on the Eagle Mine and Humboldt Mill sites is 15 MPH
- Personal vehicles traveling to and from the Mine & Mill sites shall display headlights at all times while on the CR 550, CR 510, Triple-A, HWY 41, HWY 95 & CR 601roads and when on the Mine and Mill sites.
- Supplier and Company vehicles traveling to and from the Mine & Mill site shall display headlights at all times while on the CR 550, CR 510, Triple-A, HWY 41, HWY 95 & CR 601 roads and when on the Mine and Mill sites.
- Park only in designated areas at the Mine and Mill sites.
- Back in or pull-through parking is required when on the Mine and Mill sites.
- Unattended vehicles shall be parked with the engine off, parking brake set and wheels chocked while on the Mine or Mill sites.
- Mobile equipment and vehicles with limited rearward visibility shall be equipped with a back-up alarm.
- Horn signals must be used when vehicles are operated onsite. When starting heavy mobile equipment (greater than 10,000GVW), one short horn blast must be used 10 seconds in advance of start-up. For all vehicles, two short horn blasts must be used to indicate forward movement. For all vehicles, three short horn blasts must be used to indicate reverse movement. Horn signals are not required when pulling forward from a stop sign.
- Use of ATV’s is prohibited.
- Vehicles and heavy equipment used on Company property shall be well maintained and be free of defects which present a safety hazard to personnel, a hazard to the environment or that would be in violation of Company or MSHA requirements.
- All drivers shall obey required/posted speed limits; drive defensively and operate vehicles in accordance with road and weather conditions.
- Seatbelts shall be worn by all occupants at all times while vehicles are in motion
- Use of mobile phones by vehicle drivers and mobile equipment operators for voice communications and texting is prohibited while vehicles/equipment is in motion.
cOMPANY HEALTH, SAFETY & ENVIRONMENT REQUIREMENT
EAGLE MINE, LLC
- This document outlines the guidelines of the Company relating to safety, health and the environment as to which the Supplier and its personnel shall comply. THIS DOCUMENT IS INTENDED TO BE AN OVERVIEW OF COMPANY’S SAFETY, HEALTH AND ENVIRONMENTAL REQUIREMENTS. IT IS NOT INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE LIST. THIS DOCUMENT IS NOT INTENDED TO SUPERSEDE OR REPLACE SUPPLIER’S OBLIGATIONS, UNDER THE CONTRACT TO COMPLY WITH (AND ENSURE ITS PERSONNEL COMPLY WITH) ALL APPLICABLE LAWS, ALL REASONABLE DIRECTIONS AND ORDERS GIVEN BY REPRESENTATIVES OF THE COMPANY AND ALL OTHER GUIDELINES, RULES AND PROCEDURES OF THE COMPANY THAT MAY BE GIVEN TO THE SUPPLIER FROM TIME TO TIME, INCLUDING WITHOUT LIMITATION, SAFETY, HEALTH AND ENVIRONMENTAL STANDARDS, POLICIES, AND PROCEDURES RESULTING FROM A PRE-JOB RISK ASSESSMENT, AMENDMENTS BY THE COMPANY OR AMENDMENTS RESULTING FROM CHANGES IN APPLICABLE LAWS.
- Unless otherwise specifically provided in the Agreement, all costs of HSE compliance shall be borne by Supplier.
- Prior to the commencement of any Services, Supplier’s personnel to be work-ready and have completed all applicable MSHA training requirements as noted below. In addition, based on scope of work Supplier’s personnel may also be required to attend up to 4-hours of site induction training prior to commencement of work activities and annually thereafter.
[ ] If this box is checked, Suppliers personnel shall be trained in accordance with MSHA surface miner requirements (30 CFR 48 Subpart B). Supplier shall provide Company with proof of training for all Supplier personnel prior to arrival at Company site.
[ ] If this box is checked, Suppliers personnel shall be trained in accordance with MSHA underground miner requirements (30 CFR 48 Subpart A). Supplier shall provide Company with proof of training for all Supplier personnel prior to arrival at Company site.
[ ] If this box is checked, Suppliers personnel are only required to receive MSHA Hazard Training pursuant to 30 CFR 48.11 or 30 CFR 48.31. This training will be provided on-site by the Company at no charge to the Supplier.
- Supplier shall be required to attend a pre-job meeting or conference call prior to mobilization and/or execution of contracted services. The pre-job meeting/call will cover the following:
- Safety Health and Environmental Action Plan (SHEAP) if required. The Supplier shall be responsible for preparing a SHEAP that addresses all items of concern that the Company has identified in its internal Safety Health and Environmental Analysis (SHEA – Appendix 3).
- Safety briefing with a discussion of applicable Company safety, health, and environmental requirements, including without limitation, those outlined in this Exhibit and all other standards, procedures and policies as required by Eagle Mine as determined by a pre-job risk assessment, and Eagle Mine specific hazard identification processes..
- Sign-in and sign-out requirements applicable to all Relevant Sites.
- Work permits, risk assessments and control plans.
- Health related issues such as dust control, welding fume management, noise, HAZCOM, excessive heat, excessive cold
- Emergency procedures, such as emergency response and notification applicable to all Relevant Sites, and notification requirements.
- Environmental requirements.
- General Health, Safety & Environment (HSE)
- The Supplier is responsible for ensuring that health and safety risk management is held as the first priority in the performance of all contracted services at Eagle Mine and shall comply with, and ensure that at all times the Supplier’s Personnel comply with all health and safety obligations, laws, permits, procedures and standards issued by the U.S. Mine Safety & Health Administration (MSHA), Eagle Mine LLC, Lundin Mining Corporation and other authorized regulatory bodies.
- The Supplier is responsible for environmental care and management in the performance of all contracted services at Eagle Mine and shall comply with, and ensure that at all times the Supplier’s Personnel comply with all environmental obligations, laws, permits, procedures and standards issued by the U.S. Environmental Protection Agency (EPA), Michigan Department of Environmental Quality (MDEQ), Marquette County Health Department (MCHD), Eagle Mine LLC, Lundin Mining Corporation and other authorized regulatory bodies or local authorities.
- This section superseded in December 2013.
- The Supplier’s Standard Operating Procedures shall conform to and the Supplier’s operating practices shall comply with Eagle Mine’s HSE performance standards and applicable Company HSE procedures, policies and permits.
- The Supplier’s Operating Procedures shall be aligned to and specifically address Eagle Mine’s Significant Risk’s (Appendix 4) and Lundin Mining Corporation’s High Consequence Protocol (HCP) (Appendix 5) requirements. Supplier personnel shall adhere to Eagle’ Mine’s “Life Saving Rules” at all times.
- The Supplier shall report all health, safety and environmental incidents to Eagle Mine’s Representative as soon as possible after an incident, but no later than the end of shift in which it occurs and in accordance with Company procedures. When an incident involves the unplanned or uncontrolled release of materials, including but not limited to Hazardous items, or involves injury or illness to Supplier Personnel, Eagle Mine’s Representative shall be notified immediately and appropriate emergency response actions and external notifications initiated. Within 24 hours of any HSE incident, the Supplier shall give to Eagle Mine’s Representative a written report providing details of the accident or incident and remedies taken by the Supplier to prevent such incident occurring again. Where an incident is rated as Significant under Eagle Mine’s classification system and at the direction of Eagle Mine’s Representative, the Supplier shall facilitate completion of a Root Cause analysis. After the occurrence of a health, safety or environmental incident, Eagle Mine’s Representative may direct that additional HSE or protective measures to be carried out by the Supplier at the Supplier’s expense to mitigate identified hazards and to prevent recurrence.
- The Supplier shall provide monthly HSE performance data by the fourth day of each month to support Lundin Mining Corporation reporting. Data shall include but is not limited to; Exposure hours; Headcount; Incidents (including near misses); Injuries and Illnesses; Hydrocarbon purchase and consumption; Energy use; Fresh water use; Mine water recovered, and; Waste managed and disposed of.
- If the actions or omissions of the Supplier under this sub clause expose Company to liability, a Substantial Breach is deemed to occur and continue until the breach is remedied.
- Safety, Health & Environmental Action Plan (SHEAP)
- [ ] If this box is checked, the Supplier shall provide a Safety Health and Environmental Action Plan (SHEAP) to Eagle Mine’s Representative for approval prior to the Commencement Date. The purpose of the SHEAP is to outline the hazards and risk associated with the scope of work and how the Supplier and the Supplier’s Personnel will manage said risks and comply with all HSE obligations, laws, permits, procedures, standards and policies applicable to the contracted services. In developing the SHEAP, the Supplier is to liaise with the Company and designated Company Representative to ensure proper alignment. Appendix 3 is a guide to developing a SHEAP.
- Eagle Mine may request the Supplier to make amendments to the draft SHEAP and the parties shall work together to agree on a final approved SHEAP prior to commencement of work.
- If Company and the Supplier are, within one (1) month of the acceptance of tender by Company, or such longer period as may be agreed between the Parties, unable to agree on the final approved SHEAP, the final form of the SHEAP will be determined by a third party expert nominated by Company. The costs of engaging the third party to prepare the SHEAP shall be borne by the Supplier.
- The Supplier shall perform all work in accordance with the approved SHEAP. Where the Supplier identifies work or an activity not covered by the SHEAP during the course of performing contracted services, a hazard analysis/risk assessment shall be conducted and a safe work procedure developed before the work or activity commences.
- The Supplier shall make available to Supplier’s Personnel copies of the SHEAP, Eagle Mine HSE standards and procedures, Supplier HSE manuals, Supplier SOP’s and other relevant documents which comprise part of, and are produced in accordance with, the SHEAP and which contain descriptions of required safe work procedures, reports and relevant safety information.
- The Supplier’s compliance with the requirements of the SHEAP shall be subject to monitoring by the Company and, where engaged, any auditor appointed by the Company in carrying out a full HSE audit.
- Resources to support HSE [ ] If this box is checked, Section 3 is not applicable
- [ ] If this box is checked, the Supplier shall provide full-time professional and experienced health and safety resource to support execution of the contracted services. The Supplier health and safety resource shall be accountable for managing day to day hazard mitigation, incident investigation, workplace inspection, compliance management, occupational health and industrial hygiene sampling and exposure management, emergency response, and any training necessary to support contracted services. The resume and CV of proposed health and safety resource shall be provided to Company’s Representative for review and approval of experience and qualifications.
- [ ] If this box is checked, a full-time Health & Safety resource IS NOT required but the Supplier shall meet the following requirements in lieu thereof. The Supplier shall designate a person with appropriate experience leading teams and managing health and safety aspects of the work to support execution of the contracted services. The designated staff member shall be responsible for managing day to day hazard mitigation, incident investigation, workplace inspection, health and safety compliance management, and all related training required to support contracted services. The Supplier shall provide a detailed description with regard to how these requirements will be met. The resume/CV of the proposed nominee shall be provided to Company’s Representative for review and approval of experience and qualifications.
- [ ] If this box is checked, the Supplier shall nominate a suitably qualified person to manage environmental compliance for contracted services. The nominated person shall be available to liaise with Eagle Mine’s Representative on environmental matters. The environmental representative shall be responsible for implementing and maintaining procedures and systems to ensure the Supplier’s compliance with its obligations under the contract and with directions which may be issued by Eagle Mine’s Representative in relation to environmental or training aspects in relation to performance of the contracted services. The resume/CV of the proposed nominee shall be provided to Company’s Representative for review and approval of experience and qualifications.
- First-aid and CPR training requirements:
- [ ] If this box is checked, all personnel employed by the supplier who work on-site shall be trained at a minimum in basic first aid
- [ ] If this box is checked, at least one person on each of the Supplier’s on-site work teams shall be first-aid / CPR qualified.
- The Supplier and the Supplier’s personnel shall when requested by Eagle Mine’s Representative participate in relevant HSE activities, including but not limited to, HSE Interactions and Job Walks; Occupational Health and Industrial Hygiene Sampling; HSE Meetings; HSE Training; Emergency Response Drills, and; Incident Investigations.
- Health & Safety Requirements
- Zero harm, which equates to zero incidents, zero injuries and zero illnesses, is the stated objectives of Eagle Mine LLC’s HSE program. In that regard the Supplier is responsible for the occupational health, safety and well-being of all personnel affected by the contracted services.
- The Supplier shall comply with any lawful direction given by Eagle Mine’s Representative following a perceived breach of any health and safety obligations, laws, permits, procedures and standards or the approved Supplier Safety, Health and Environmental Action Plan (SHEAP).
- Where the Supplier infringes any health and safety, law, permit, procedure or standard and where a fine is imposed or levied on Eagle Mine, the Supplier shall pay Eagle Mine the amount of the fine within 30 days.
- The Supplier shall ensure that the contracted services are carried out in a safe manner and in compliance in all respects to health and safety obligations, laws, permits, procedures and standards.
- The Supplier shall ensure that work areas are kept safe, clean and tidy at all times. If, in the reasonable opinion of Company’s Representative, the Supplier fails to keep their work areas clean and tidy, Company’s Representative may have cleaning and safeguarding of affected work areas carried out at the Supplier’s expense.
- In any matter relating to the health and safety of persons or property or the compliance with any requirements related to health and safety obligations, laws, permits, procedures, standards or policies which are the Company’s duty to enforce, the decision of the designated Company Manager shall be final and any instructions or directions given by a designated Company Manager shall be followed by the Supplier and the Supplier’s Personnel.
- The Supplier shall ensure that Supplier’s Personnel are aware of, and conduct themselves in accordance with:
- Relevant laws, standards and regulations issued by the U.S. Mine Safety & Health Administration (MSHA),
- Eagle Mine’s HSEC policy, HSE system, standards and relevant procedures,
- Lundin Mining Corporation Health & Safety standards and relevant procedures,
- And other applicable Federal, State and local health and safety requirements.
- The Supplier shall ensure that all Supplier’s Personnel on the Site are supplied with approved and appropriate PPE, to include hard hats, safety glasses with side-shields, steel toe protective footwear, high visibility clothing (Class II minimum), hearing protection, winter weather gear, respiratory protection, fall protection, and any other safety or protective equipment as requested by the Company Representative or as required based on risk assessment or applicable health and safety obligations, laws, permits, procedures, policies and standards.
- [ ] If this box is checked, the Supplier shall be responsible for supplying Supplier personnel with a Company approved one-hour rated oxygen supplying self-contained self-rescuer (SCSR) which meets Company’s requirements. The Supplier shall be responsible SCSR inspection, maintenance and training of personnel on proper use of the devices.
- [ ] If this box is checked, Supplier supplied vehicles intended for use on Company property shall be equipped with a high intensity flashing beacon, wheel chocks, a fire extinguisher, and shall be branded to identify the name of the company and the vehicle number.
- [ ] If this box is checked, Supplier vehicles shall be equipped with Company compatible two-way radios.
- [ ] If this box is checked, Servicer Provider vehicles shall be equipped with Company compatible GPS based vehicle monitoring system.
- The Supplier shall ensure that the Supplier’s personnel do not, bring, store, use or consume any alcohol, drugs, firearms or weapons of any kind within the Site.
- The Supplier shall take adequate measures to protect the Company’s property against fire. Supplier shall provide suitable portable fire-fighting appliances and other measures for this purpose. The minimum size fire extinguisher approved for use on Company property is a 5 pound ABC type.
- If the actions or omissions of the Supplier under this clause expose Company to liability for breach of Law or negligence, a Substantial Breach is deemed to occur and continue until the breach is remedied or this Contract is terminated, whichever is the sooner.
- Environmental Requirements
- General requirements
- The Supplier shall provide the contracted services and perform its other obligations under this contract in a manner so as to avoid causing Pollution or Environmental Harm at the Site and its surroundings.
- The Supplier shall ensure that Supplier’s Personnel are aware of, and conduct themselves in accordance with:
- Relevant laws, standards and regulations issued by the EPA, MDEQ, MCHD and other local authorities governing Eagle Mine,
- Eagle Mine’s HSEC policy (Appendix 6), HSE system, standards and relevant procedures,
- Lundin Mining Corporation Environmental standards and relevant procedures,
- And other applicable Federal, State and local health and safety requirements.
- The Supplier shall not, without the prior consent of Eagle Mine’s Representative, do or permit any of the following on the Site:
- use any mechanised equipment (including drilling) to disturb the surface except in accordance with the Mine Plan;
- store or stockpile any ore or waste rock outside of Eagle Mine authorized surface Storage Facilities;
- start any fires or undertake activities which have a serious risk of starting a fire;
- dig or cut excavations except in accordance with the Mine Plans;
- drive vehicles other than on approved roads except in accordance with the Mine Plans;
- allow any vehicles or equipment to leave the Mine Contact Area without first washing and ensure that vehicles and equipment are free from contamination;
- dispose of Hazardous Items other than in prescribed areas; and
- construct or develop new roads except in accordance with the Mine Plans.
- engage in any ground disturbing activities, excavation or drilling on Company or adjoining property until full authorization has been granted by Eagle Mine LLC.
- The Supplier shall preserve archaeological sites in the Site and its surroundings and report any discoveries in this regard to Eagle Mine’s Representative prior to taking any action.
- The Supplier shall at its cost and under the direction of an Eagle Mine Representative clean up any Pollution or rectify any Environmental Harm of the Site and its surroundings caused in the performance of contracted services or the performance of its other obligations under this Contract. This obligation shall continue notwithstanding the termination or expiration of the Term of this Contract.
- The Supplier shall ensure that all Suppliers’ Personnel complete any required environmental induction and training required by Company, MDEQ or EPA prior to the Supplier’s Personnel commencing work on the Site.
- The Supplier shall comply with any reasonable lawful direction given by Company’s Representative following a perceived breach of any environmental obligation, law, permit, procedure or standard.
- Where the Supplier infringes any environmental obligation, law, permit, procedure or standard and where a fine is imposed or levied on Company, the Supplier shall pay Company the amount of the fine within 30 days.
- The Supplier shall provide reports on the environmental performance of the Supplier’s Plant and Equipment and efforts undertaken to improve efficiencies.
- The Supplier shall fully co-operate with Company or any auditor appointed by Company or any representative of an Authority in carrying out an environmental audit or inspection and shall comply with any action plan, direction or recommendation arising out of such audit. Audits may be conducted as may reasonably be required by Company or an Authority.
- Chemical, Petrochemical, or Hazardous items may only be brought onto the Site for use in relation to carrying out contracted services shall be declared as Approved by Company’s Representative prior to entry onto the Site. The Supplier shall provide to Company’s Representative with a completed Company Chemical Request and Approval Form (Appendix 7) and a Material Safety Data Sheet (MSDS) prior to the arrival of such items at the Site. Unused portions of any Chemical, Petrochemical, or Hazardous Items shall be removed from the site by the Supplier at the Supplier’s expense under the direction of Company’s representative.
- If the actions or omissions of the Supplier under this sub clause expose Company to liability, a Substantial Breach is deemed to occur and continue until the breach is remedied.
- Under the direction of an Eagle Mine Representative, the Supplier shall be responsible for the on-site handling, storage, disposal and recycling (where applicable) of all solid and liquid garbage, pollutant or waste material generated out of the Supplier’s performance of this contract including but not limited to Hydrocarbon and Chemical Products, tires, garbage, equipment or other items (“Garbage and Waste“).
- All Garbage and Waste disposal activities shall be reviewed and authorized by Company’s Representative.
- All Garbage and Waste generated out of the Supplier’s performance of this contract shall:
- be stored by the Supplier in a manner and location approved by Eagle Mine’s Representative at the Supplier’s expense in accordance with applicable Law;
- be disposed of at approved and licensed facilities that are authorized by Eagle Mine’s Representative appropriate; and
- where hazardous, be packaged, transported and disposed of by licensed Suppliers in accordance with the applicable EPA and MDEQ regulations or permit requirements per direction received from the Eagle Mine Representative.
- Eagle Mine shall require the Supplier to implement a plan for the management of Hydrocarbon and Chemical Products on the Site (“Hydrocarbon Plan“). The Hydrocarbon Plan shall conform to the Eagle Mine LLC Pollution Incident Prevention Plan (PIPP) and with the Eagle Mine LLC Spill Prevention Control and Countermeasure (SPCC) Plan. The Supplier’s Hydrocarbon Plan shall be reviewed and updated as required and shall include as a minimum:
- procedures for the use, selection, transportation, distribution, storage, clean-up and disposal of Hydrocarbon and Chemical Products;
- recording systems to verify the integrity of all storage, transportation and secondary containment systems; and
- risk areas for possible discharges, spills or other events together with emergency measures and procedures in case of such event.
- All Hydrocarbon and Chemical Products shall be stored and transported in accordance with Eagle Mine’s PIPP, SPCC and other applicable procedures and standards. Containment areas shall comply with PIPP, SPPC, federal, state and local authorities, and be applicable Company permit requirements.
- The Supplier shall supply spill response equipment for use in relation to spills or discharges of Hydrocarbon and Chemical Products.
- The Supplier shall ensure that all Supplier’s Personnel are trained in the use, storage and handling of Hydrocarbon and Chemical Products and all emergency response and reporting requirements in relation to Hydrocarbon and Chemical Products including requirements specific to Company’s permits, PIPP and SPCC plans.
- The Supplier shall adopt water management strategies which optimise water usage, minimise wastage of water and ensure all water used in relation to the Supplier’s performance of its obligations under this contract is contained within approved areas as directed by Eagle Mine.
- All water from the surface Contact Area, Temporary Development Rock Storage Area (TDRSA) and underground operations shall be directed to the Contact Water Basins (CWB) for treatment at the Mine Water Treatment Plant (WTP).
- Storm water from non-contact areas shall be directed either away from the Contact Area or to specified containment areas or as directed by Company.
- In the event the Supplier fails to effectively manage the distribution of water, Company may direct that the Supplier, at the Supplier’s expense, clean-up and rehabilitate the contaminated area and remove and dispose of any contaminated soil to the satisfaction of Company.
- The Supplier shall have procedures in place to minimize contamination of Mine water with Hydrocarbons, blasting agents and blasting agent residues.
- The Supplier shall not discharge saline or sediment-laden water on the Site or any surrounding areas without Company’s consent.
- Run-on/run-off control and silt fencing shall be established pursuant to Eagle Mine LLC, Marquette County and MDEQ requirements.
- The Supplier shall control all dust emissions and comply with all environmental obligations, laws, permits, procedures and standards.
- The Supplier shall, maintain all pollution control equipment in accordance with environmental obligations, laws, permits, procedures and standards.
- Eagle Mine may direct the Supplier to stop work or take any other preventative measures if dust emissions generated by the Supplier or the Supplier’s Personnel are deemed by Eagle Mine to be excessive, have the potential to create a safety or environment risk or breach environmental obligations, laws, permits, procedures and standards. If Eagle Mine makes such a direction then the Supplier shall do all things necessary and provide all required equipment to remedy the situation at the Supplier’s expense.
- The Supplier shall, control noise levels and comply with all related requirements imposed by environmental obligations, laws, permits, procedures and standards.
- All Suppliers’ Plant and Equipment shall be fitted with pollution controls as required by environmental obligations, laws, permits, procedures and standards.
- The Supplier shall comply with all requirements imposed environmental obligations, laws, permits, procedures and standards regarding the clearing of vegetation.
- The Supplier shall not clear or disturb any land on the Site without the written authorisation of Eagle Mine. Clearing in this context includes, but is not limited to, the disturbance or damage of native vegetation, draining or flooding of land or any other type of related activity.
- The Supplier shall not, and shall ensure that the Supplier’s Personnel do not, without the authorisation of Eagle Mine’s Representative:
- destroy, clear or remove from the Site any native vegetation or species of flora or fauna; or
- introduce any foreign or exotic species of flora or fauna to the Site.
- In the event that Eagle Mine authorises clearing in accordance with sub-clause (b) above, the Supplier shall ensure that all tree, shrub and wood material is removed and stockpiled as directed by Eagle Mine. The Supplier shall ensure that topsoil is removed to a depth as indicated by Eagle Mine and that the topsoil is stockpiled in locations and in a manner as directed by Eagle Mine.
- Prior to using any vehicles or machinery on roads or tracks outside the area of the Site where the Mine Development Services are to be provided, the Supplier shall ensure that such vehicles or machinery are washed down to remove mud, soil and plant material to minimise the spread of plants, weeds and seeds that are not native to the area and to avoid the spread of diseases.
- The Supplier shall not enter or disturb any areas on the Site which have been partially or fully rehabilitated without the consent of Eagle Mine.
- The Supplier shall confine its activities, and may only enter those areas, on the Site as permitted under this contract. Any temporary works constructed by the Supplier on the Site in performing its obligations under this contract or otherwise shall, on completion of the relevant works, be removed and the area rehabilitated at the Supplier’s expense to a standard acceptable to Eagle Mine.
- The Supplier shall ensure that exploration sites when vacated by the Supplier in a safe, stable and clean condition with any outstanding rehabilitation completed to a standard acceptable to Eagle Mine and in accordance with all requirements of the Law and all Authorisations. The Supplier shall rehabilitate the Site progressively where appropriate and as required under the terms of this contract. Special Provisions & Requirements Specific to Scope of Work
- This section will be completed in the event that special conditions or requirements apply based on the Statement of Work.
Life saving rules
EAGLE MINE LLC
Eagle Mine Safety, Health, and Environmental Action Plan
GUIDELINES FOR DEVELOPING:
It is an Eagle Mine requirement that prior to beginning work, Contractors may be required to submit, for approval, a Safety, Health, and Environmental Action Plan, hereafter referred to as the SHEAP (see Criteria for a SHEAP in Standards/Requirements/Assessment and Planning section ).
If a SHEAP is required the following information applies:
The Project Manager, Safety Professional, and Environmental Department representative from Eagle Mine will evaluate the SHEAP to ensure it meets safety and environmental requirements for the project’s scope of work. When the Project Manager, safety and environmental departments are satisfied that requirements are met, the SHEAP will be approved and the Contractor will be allowed to begin working. It is in the best interest of the Contractor to complete the SHEAP well in advance of the project starting date to allow ample time for review and approval.
The SHEAP provides an accident prevention program implementation plan for Eagle Mine projects and fully describes the Contractor’s commitments for meeting its obligations to provide safe, healthful, and environmentally responsible working conditions for its employees. The SHEAP incorporates provisions for achieving compliance with the statutory requirements of the Federal Mine Safety and Health Administration (MSHA), Environmental Regulations, Contractor Safety Requirements, and Eagle Mine Rules and Regulations.
It is the Contractor’s responsibility to submit an acceptable SHEAP that includes safe, healthful, and environmentally sound work practices and administrative procedures. In addition, the Contractor shall develop and implement a training program to instruct the employees of their individual responsibilities to meet these issues.
It is critical that Contractors understand the importance of developing an effectively functioning and detailed SHEAP. It must be pro-active and address all of the potential exposures to the Contractor’s employees as well as Eagle Mine for the specific project proposed. All project activities will be conducted in accordance with the SHEAP.
Any changes or additions to the project’s scope of work that result in additional hazards or different conditions will require an acceptable written amendment to the SHEAP.
GUIDELINES FOR WRITING THE SHEAP
The following topics must be addressed in the SHEAP. (Keeping the document’s topics in the same order as this outline may expedite its approval.)
- SCOPE OF WORK
A brief description of the project’s scope of work shall be included as an introduction to the SHEAP. Subdivide the scope of work into phases or segments to facilitate an organized Job Hazard Analysis required in item #2 (see example shown below).
- JOB HAZARD ANALYSIS (JHA)
Contractor’s must identify the phases or segments of the scope of work, the major Health, Safety and Environmental hazards of each phase of the scope of work, and finally the actions to be taken to control these hazards.
For Example: The scope of work is described as installation of a 55-foot water line to supply process water at Plant “X”, Eagle Mine.
|Dig 8’ deep trench||Cave-in||Shoring/trench box will be used to keep spoils back 2’ from the edge.|
|Access||Extension ladders positioned every 25’.|
|Heavy Equipment||Operators will be task trained. Swing radius will be barricaded.|
|Install pipe||Rigging||Inspected before each shift. Rigger will be task trained.|
|Back fill trench||Cave in/Compactors||Remote control sheep’s foot will be used to avoid personnel in trench.|
- PERSONAL PROTECTIVE EQUIPMENT
Describe the personal protection to be provided and worn. Do not repeat items already described in the JHA (item 2 above).
- EMERGENCY PROCEDURES
Describe the evacuation plan as it pertains to this project. Identify the specific evacuation assembly locations, procedures for reporting emergencies, key personnel, phone numbers (and where they will be posted) as well as the intended plan to train Contractor employees in the procedure.
- FIRST AID
Explain the roll of supervision and employees as it pertains to reporting accidents and injuries in accordance with Eagle Mine procedure. Identify the medical facility to be used for care beyond first aid. Identify those Contractor personnel who are first aid certified.
- ACCIDENT INVESTIGATION AND PROCEDURES
Describe the procedure for incident investigation. Include processes for near misses as well as incidents resulting in personnel injury or property damage.
- OCCUPATIONAL HEALTH PROGRAMS / MEDICAL SURVEILLANCE
Describe specific occupational health programs required to protect employees working on this project. Include respirator use certification, personnel air monitoring, noise monitoring, and other sampling. If medical surveillance is required on this job, include the program specifics.
- FIRE PROTECTION AND PREVENTION
Outline procedures for fire protection and prevention.
- ORIENTATION OF NEW HIRES/MSHA TRAINING
Explain training and orientation activities for existing and newly hired personnel, including the names of trainers involved. Include specific procedures and time lines for MSHA New Miner and Experienced Miner Annual Refresher, Task Training and Eagle Mine Hazard Training Form, HAZCOM, Haz Wopper, Confined Space, Isolation Procedure and any other training that may be required to perform work tasks associated with this project.
- TOOLBOX SAFETY MEETING
Provide a schedule of the weekly safety meetings including times and dates. Confirm that daily pre-planning and task training will occur.
- WORK AREA INSPECTIONS
Provide the policy and procedure for supervisor’s daily area inspections with explanation of documentation, distribution and retention.
- ELEVATING WORK PLATFORMS
Elevating work platforms whether owned or rented, must meet design and construction requirements as specified by regulatory or governing agencies. A copy of design construction, maintenance and inspection certificates shall be available upon request.
- SOLID AND HAZARDOUS WASTE MANAGEMENT
Provide a list and MSDS sheet for all hazardous materials whose use is anticipated. Include quantities to be stored and used. These materials will include but not be limited to: acids, caustics, petroleum products, solid and liquid reagents etc.
Provide a plan for containment, storage, collection and disposal of any products brought to the project or wastes generated. These products include and are not limited to: hazardous materials, batteries, tires, filters, steel, etc.
Provide a spill contingency plan that explains in detail what actions will be taken in the event a hazardous substance is spilled in excess of allowable minimums. Eagle Mine Environmental professionals shall be notified immediately of hazardous substances discovered, suspected, or released into the environment during the course of the project.
- WATER POLLUTION CONTROL
Describe any possible water pollution hazards and the plan to mitigate or control them.
Eagle Mine Significant Risk and Critical Controls
Vehicles and driving
• Ground control
• Operator training and competency Pre-op inspections, speed limits, traffic rules and use of VMS
• Surface and underground traffic management plans
• Life Saving Rules
Ground control / fall of ground
- Ground Control Management Plan
- Life Saving Rules
Underground mine fire
- Underground Emergency Response Plan
- Underground fire prevention rules
- Life Saving Rules
Work at heights
- Use of fall protection equipment / prevention
- Life Saving Rules
- Confined space identification and warning signs
- Confined space entry procedure and permits
- Life Saving Rules
Cranes and lifting equipment
- Crane operator training and competency
- Lifting equipment inspection and certification requirements
- Use of formal lifting procedures such as SOP, JHA or JSA
- Life Saving Rules
- Underground ventilation management plans
- Mobile equipment diesel particulate controls
- Life Saving Rules
High Consequence Protocols
HCP 1 – Obligation to Refuse Unsafe Work
HCP 2 – Personal Protective Equipment
HCP 3 – Energy Isolation and Lock-out Tag-out
HCP 4 – Confined Space Entry
HCP 5 – Working at Heights
HCP 6 – Operation of Equipment
HCP 7 – Ground Control
HCP 8 – Lifting and Rigging
HCP 9 – Explosives management
HCP 10 – Hot work
HCP 11 – Machine Guarding
Responsible Mining Policy
Chemical Request Form
cOMPANY CORE HEALTH & SAFETY RULES
Version 2.0 – June 3,2016
Safe work & obligation to refuse unsafe work
- All personnel shall report to work well rested, fit for duty and prepared for work.
- Every employee and contractor has the right and a personal obligation to refuse work that is unsafe. Workplace safety concerns should be promptly reported to supervision.
- Horseplay and unprofessional conduct in the workplace is prohibited.
- Firearms, illegal drugs, drug paraphernalia and alcoholic beverages are prohibited on Eagle Mine property.
- Personnel taking narcotic prescriptions or any other medications that may cause job-related physical or mental impairment, or a safety risk, must immediately notify their supervisor who will confidentially consult with Human Resources and Health & Safety regarding required safeguard.
- Appropriate Personal Protective Equipment (PPE) must be worn as specified by Core Health & Safety Rules, Job Safety Analysis (JSA), Standard Operating Procedure (SOP), and written procedure or in accordance with hazard specific postings and signage.
- Personnel must only perform work that they have been trained and qualified for.
- Personnel must obey the requirements of all posted Notice, Warning and Danger signs and barricades.
- All personnel who access Eagle Mine property (Humboldt Mill site, Humboldt Administration Building, Eagle Mine site, Negaunee Exploration facilities and field exploration sites) must receive Hazard Training provided by site security or by a member of the Eagle Mine staff. Hazard Training must be refreshed every 12-months.
- Employees, contractors, consultants and vendors must also receive site specific Health & Safety training before beginning work at the Mine, Mill or Exploration sites. Site specific training must be refreshed every 12-months.
- Personnel working at the Mine, Mill or at select Exploration sites and who are exposed to operating or mining hazards must be trained in accordance with the MSHA requirements listed in 30 CFR Part 48 (Surface and Underground Mines) and must possess one of the following Surface or Underground training qualifications: New Miner, Experienced Miner, or Annual Refresher. Training under 30 CFR Part 46 (Sand and Gravel Operations) is not acceptable.
- Employees, contractors, consultants, vendors and visitors onsite for meetings, tours or visits who have not yet completed all aspects of required MSHA 30 CFR Part 48 training must be escorted at all times.
- Refer questions concerning applicability of specific MSHA training requirements to the Health & Safety Department.
Personal Protective Equipment (PPE)
PPE – Surface & Underground Operating Areas
- ASTM approved steel or composite toe boots with a minimum 6” upper.
- Underground: ASTM approved steel or composite toe boots with a minimum 6” upper and metatarsal protection for personnel who are performing mining activities.
- Hard hat:
- Worn per manufacturer specification with brim to the front during normal use.
- Underground: Hard hat with a cap lamp must be worn.
- Safety glasses:
- Safety glasses with side shields.
- Clear lenses are to be used when working inside of buildings and underground.
- Required clothing:
- High visibility clothing (Class II) in the form of a shirt, shirt/pant, vest, coverall, smock, jacket or combination.
- Shirts must have a minimum 4” sleeve.
- Loose, oversize and baggy clothing which poses a hazard is prohibited.
- Work gloves appropriate for the area and task being performed.
- Work gloves must be worn when in operating areas, on or around drill rigs, when performing material handling or other tasks and when underground.
- Work gloves must be with you at all times and are encouraged to be worn unless area is designated as PPE free.
- Hearing protection:
- Hearing protection must be worn when required by task or when posted.
- Double hearing protection is required when noise exposures exceed 105 dBA.
PPE – Inside Equipment Cabs
- Unless required due to a specific hazard, use of hard hat, safety glasses and gloves are not required when operating equipment from inside of a fully enclosed equipment cab.
- Safety glasses and hearing protection are required if windows or doors are open.
- Based on industrial hygiene sampling results, hearing protection may be required when within fully enclosed equipment cabs.
- Other PPE is required when specified by SOP, specific job hazards or industrial hygiene sampling.
- Arc Flash protective clothing and equipment is required when performing electrical switching.
- A welding helmet or shield is required when performing arc welding.
- Cutting face shield or cutting goggles are required when operating a cutting torch.
- Appropriate fire rated clothing (such as smocks, jackets or leathers) is required when performing cutting, burning or welding.
- A face shield in addition to safety glasses is required when grinding, working with a pressure washer or steam cleaner, working with high pressure air and when performing activities subject to potential splash hazards.
- Chemical goggles are required when working with acids, caustics and oxidizing chemicals
- Respirator issue and use requires a medical clearance, PFT, fit test and training.
- Half mask or full-face respirators are required when specified by task, SOP or industrial hygiene sampling results.
- Simple paper dust masks can be used for nuisance dust. Dust masks equipped with one way valves are considered respirators.
- Powered air purifying respirators when required by task or SOP for specific high hazard work.
- Air supplied respirators when required by task or SOP for specific high hazard work.
- Personal flotation devices, life rings and retrieval lines are required when working within 10 feet of an unprotected water hazard.
Emergency Notification & Incident Reporting
- All injuries, no matter how minor (including pain, strain and potential injuries) must be immediately reported to supervision.
- Any incident that results in damage must be immediately reported to supervision.
- If an incident requires immediate emergency response, contact Security at the following numbers:
- Mill: 906-339-7017 or by calling “Mayday, Mayday, Mayday”” on the radio
- Mine: 906-339-7018 or by calling “Mayday, Mayday, Mayday” on the radio or on the Mine phone.
- All other incidents (such as near misses or hazard reports) must be reported to supervision as soon as possible but before the end of shift.
- Any fire (even if smoldering), any discharge of a fire extinguisher or fire protection system, or any activation of a fire alarm must be immediately reported to supervision and security.
Entering and exiting buildings
- Personnel must not enter/exit buildings through overhead equipment doors unless entry/exit is being done as part a specific task such as loading, unloading or handling materials or guiding equipment into or out of a building.
Use of Knives
- Use of personal pocket knives in the workplace is prohibited.
- Use of open blade, folding or locking type straight, or serrated blade knives is prohibited.
- Utility razor blade knives (Stanley type) are prohibited unless equipped with an automatically retractable safety blade.
- Cable skinning, Lineman knives and folding lock-blade utility are acceptable for use only for their designed tasks. Wire stripping tools must be used whenever possible.
- Box and tape cutting knives are acceptable for use only if equipped with fully guarded blades.
- Knives must never be used in place of a screwdriver or pry bar.
- Cut resistant gloves must be worn whenever using knives.
The following jewelry requirements apply to personnel working in operating areas at the Mine, Mill and Exploration sites. These requirement do not apply to office staff working inside the Humboldt Administration Building, MSB Office, Negaunee Office, and Mine Development Office or at the Information Center in Marquette.
- Finger rings are prohibited. If the ring is unable to be removed it must be taped.
- Loose and dangling jewelry is prohibited. Simple stud ear rings are acceptable.
- Medical alert necklaces are acceptable when worn inside of clothing.
- Conductive watch bands are prohibited.
- Watches, bracelets, fitness bands, etc. must have break-away bands.
Smoking and open flames
- Smoking is prohibited inside all buildings and equipment cabs.
- Smoking areas must be utilized when provided.
- Cigarette butts must be properly disposed of in an appropriate receptacle and must not be thrown onto the ground or into any process or feedstock.
- Smoking is prohibited within 25 feet of any building entrance or building HVAC intake.
- Smoking and open flames are prohibited within 50 feet of explosives storage and handling areas.
- Smoking and open flames are prohibited within 25 feet of flammable or combustible storage and handling areas
- All employees and contractors are responsible for keeping their work areas clean, organized and free from hazards.
- Hoses, tools and cords must be returned to their proper storage areas/racks at the end of each use.
- Trash and waste materials:
- Trash containers must be emptied on a regular basis or whenever they become full.
- Materials must be placed in the appropriate collection containers.
- Food wastes must be collected in covered containers only.
- Flammable waste must only be disposed of in flammable waste cans.
- Flammable materials must only be stored in fire safe flammable cabinets or in designated fire safe storage areas.
- Combustible materials such as cardboard and rags must not be stored in flammable cabinets.
- Environmentally hazardous wastes must be collected in designated containers and in accordance with Eagle Mine environmental procedures.
- All containers must be clearly labeled as to the contents (spray bottles, buckets, barrels, etc.).
- All personnel performing work within the mine or mill operations, active construction or exploration areas are responsible for conducting a workplace inspection and ‘pre-task hazard assessment’ (PTHA) before beginning their daily activities. PTHA’s should also be conducted under the following circumstances:
- When the primary task(s) change
- When unplanned work is undertaken
- When significant or unknown hazards are identified during the course of a task
- When working conditions change
- When member(s) of the work team change
- Whenever personnel feel the need to stop and reassess the work
- Personnel must be familiar with Eagle Mine’s significant health and safety risks and apply the required critical controls to prevent incident and injury.
- Personnel must never step on, climb on, or walk on top of operating machinery or equipment unless ladders, foot rungs, walkways or cross-overs and grab irons or hand rails have been provided.
- Personnel must never operate equipment with guards removed unless following a formal SOP as part of an operating or maintenance procedure. Other safeguards must be in place to protect personnel from the hazard in those cases.
- Personnel must never bring hazardous materials onsite without first obtaining an SDS and receiving approval from the Health & Safety and Environmental Departments.
- Personnel must know the route to the nearest emergency exit and the location of the Emergency Muster Point for their work area.
Vehicle & Mobile Equipment Safety
- Personal vehicles must be parked in designated parking lots.
- Mobile equipment and light vehicles must be kept clean and free of loose objects that could interfere with operation or become a hazard in a crash.
- All company vehicles, contractor vehicles used onsite, and mobile equipment must be inspected for safety defects prior to use.
- Pre-operation inspections must be documented.
- Identified defects that impact safety or compliance must be repaired prior to the equipment being used in normal operations.
- Back-in/pull-out parking is required for all company vehicles parked onsite, including in employee parking lots. Personal vehicles must follow this requirement along the outer perimeter of the parking lots.
- Headlights must be illuminated at all times for vehicles operated on the Mine and Mill sites.
- High visibility strobe lights are required for all company and contractor vehicles operating onsite at the Mine and Mill.
- Unless specifically authorized by the General Manager and the Health & Safety Department, ATV’s are prohibited.
- Whenever vehicles are parked on the Mine and Mill sites, the parking brake must be set and chocks must be applied to one set of rear wheels. This requirement does not apply to personal vehicles parked in designated employee parking lots.
- Whenever mobile equipment is parked, ground engaging implements must be fully lowered, the parking brake must be set, and chocks must be applied to one set of wheels. Chocks are not required for tracked equipment unless parked on a grade.
- All personnel who operate licensed vehicles at Eagle Mine must have a valid government issued driver’s license or be task trained (5000-23) to drive that class of equipment. Additional task training is required in order to operate any ancillary functions of the equipment (i.e. boom truck).
- Mobile equipment operators must be task trained and have demonstrated competency before being assigned to operate a specific piece of equipment. Task training of mobile equipment operators must be documented on an MSHA 5000-23 form or approved alternate.
- Drivers must obey posted speed limits, drive defensively and according to conditions.
- Pool vehicles must be returned clean and with at least ¾ of a tank of fuel after each use.
- Unless otherwise posted, the onsite speed limit at the Mine and Mill sites is 15 MPH.
- Horn signals must be used when vehicles are operated onsite, excluding employee parking areas.
- When starting heavy mobile equipment (greater than 10,000GVW), one short horn blast must be used 10 seconds in advance of start-up.
- For all vehicles, two short horn blasts before entering or exiting a building
- For all vehicles, two short horn blasts must be used to indicate forward movement.
- For all vehicles, three short horn blasts must be used to indicate reverse movement.
- Horn signals are not required when pulling forward from a stop sign.
- During cold weather, company vehicles and mobile equipment may be left running if parked in a stable position, the transmission is set to park or neutral, the parking brake is set, chocks are applied and ground engaging implements are fully lowered. All attempts should be made to minimize idling of vehicles and mobile equipment.
Cell-Phones / Photography
- The use of cell phones for non-work related calls within operating areas is prohibited during working hours.
- When company cell phones are used for business purpose when within plant operating areas, personnel must use extra caution to ensure that they are not a hazard to themselves and others.
- Onsite photography of Eagle Mine property, equipment and processes is prohibited unless authorized by the General Manager or designee.
- Onsite photography is authorized for the purpose of incident investigations, conducting safety, environmental or compliance inspections, developing training materials or when otherwise approved for a specific business purpose.
- If photos are taken they must not be used or published externally without authorization from the General Manager or designee.
- Yellow barricaded areas may be entered after assessing for hazards and ensuring that appropriate controls are in place.
- Red barricaded areas may only be entered after obtaining permission from the person in control of the area as listed on the relevant barricade tag.
- All barricades and barricade tape must be tagged to identify the hazard being controlled, the date the barricade was installed and the name of the person who installed the barricade or who is in control of the area.
When work is completed and the hazards have been removed, all barricades must be removed.
|Version||Review Date||Approved by:||Title|
|4.0||January 19, 2016||Lara Sims||Senior Health and Safety Specialist|
|3.0||November 19, 2015||Lara Sims||Senior Health and Safety Specialist|
|2.2||April 2, 2015||Lara Sims||H&S Superintendent|
|2.1||December 5, 2014||Lara Sims||H&S Superintendent|
|2.0||December 16, 2013||J.L. French||Director HSE|
Human Resources Department/Eagle Mine
DRUG AND ALCOHOL POLICY
July 31, 2014
The purpose of this Policy is to promote a healthy and productive workforce and safe working conditions in the workplace free from the effects of drugs and alcohol.
This Policy applies to all employees and candidates for employment located at sites managed by Eagle Mine. All contractors or other third parties on Company premises are subject to this Policy. Any such individual found to be in violation of this Policy is subject to removal from the premises and law enforcement authorities may be notified. This Policy will be modified as necessary in order to comply with applicable State laws.
- Employees, Prospective Employees, Contractor or Third Party Entities
Employees, Prospective Employees, Contractor or Third Party Entities are responsible for complying with and understanding this Policy.
- Human Resources Department
The Human Resources Department is responsible for maintaining and overseeing the application and interpretation of this Policy.
- Supervisors, Managers, Authorized Agents, Contractors and Third Party Entities
Supervisors, managers, authorized agents, contractors and third party entities are responsible for the administration of this Policy, including:
- Fully understanding and implementing this Policy; and
- Assuring that a copy of this Policy is distributed or otherwise made available to every employee in their organizatio
- Prohibited Activity
It is a violation of this Policy for any employee to be under the influence of, use, sell, offer for sale, possess, transfer, purchase, or manufacture drugs, drug paraphernalia or alcohol, or otherwise engage in the illegal use of drugs:
- While at work or doing work for the Company,
- On Company time,
- On Company property or premises,
- In a Company vehicle, including any rental vehicle reserved or paid for by the Company, or
- At any location where the Company is doing busi
Note: Violation of this Policy may result in disciplinary action up to, and including termination of employment, and make the violator subject to legal action to the extent of the law.
- Prescription Medications
Any employee using a prescription medication should consult with their physician regarding the effects of the medication in relation to the safe and adequate performance of the employee’s job responsibilities. Employees who are taking prescription medications that may cause job-related physical or mental impairment or create safety risks for the employee or others, must notify their immediate supervisor so that the situation may be accommodated in the most appropriate and legal manner possible.
- Collection and Testing of Samples
- Prospective Employee
For prospective employees to be considered for employment or re-employment, the Company requires the collection and testing of samples from all prospective employees.
- All offers of employment are conditional upon the receipt by the Company of a negative drug test result.
- The Company shall withdraw its conditional offer of employment to any candidate for employment who refuses to submit to a drug test or who obtains a confirmed positive drug test result.
The Company may require, as a condition of continued employment, the collection and testing of samples when:
- Reasonable Suspicion
The Company has the right to exercise testing if it is determined that an individualized reasonable suspicion of impairment exists. The employee shall be immediately removed from performing work for the Company and will be required to submit to drug and/or alcohol testing. If the employee refuses to submit to a drug/alcohol test or to promptly do so as required, the Company will consider the refusal as an unjustified refusal. Such refusal shall be considered as prima facie evidence that the result would have been positive. The employee will then be subject to disciplinary measures, up to and including termination. An employee required to undergo a drug/alcohol test due to individualized reasonable suspicion will be suspended without pay pending receipt of the corroborated initial test result.
- Post Incident
The employee has been involved in an incident involving a fatality, bodily injury, property damage or workplace theft. Post-accident drug/alcohol testing will take place as soon as reasonably possible after the incident. If the employee refuses to submit to a drug/alcohol test or to promptly do so as required, the Company will consider the refusal as an unjustified refusal. Such refusal shall be considered as prima facie evidence that the result would have been positive. The employee will then be subject to disciplinary measures, up to and including termination.
- Legally Required
Testing that is required to comply with applicable laws, such as DOT requirements.
- Random, Unannounced and Periodic Testing
All employees under the scope of this policy will be subject to a random substance abuse testing program whereby a percentage of the population will be randomly drug/alcohol tested. If the employee refuses to promptly submit to a drug test, the Company will consider the refusal as an unjustified refusal. Such refusal shall be considered as prima facie evidence that the result would have been positive. The employee will then be subject to disciplinary measures, up to and including termination of employment. Additionally, the Company may at its sole discretion conduct or require to be conducted, unannounced periodic testing for alcohol and/or drugs.
- Testing Thresholds and Independent Tests
- Drug Tests: A drug test result will be regarded as positive if the concentration of the drug metabolite equals or exceeds the established limits set forth by the test. Confirmation testing will occur by a SAMHSA Certified Laboratory.
- Alcohol Tests: Alcohol testing shall be conducted using a single quantitative blood test or using a United States Department of Transportation approved evidential breath measurement device, following a two stage testing protocol.
- An Alcohol test shall be considered positive when any of the following occur:
|· A confirmation result of 0.04 or greater
· Refusal to complete and sign the breath alcohol testing form
· Refusal to provide breath, blood
· Refusal to provide an adequate amount of breath
· Refusal to otherwise cooperate with the testing process
2. Circumstantial Provisions
Employees in safety-critical jobs, as defined in this policy, testing above 0.02 and below 0.04 shall be suspended from safety critical jobs for at least 24 hours following administration of the test.
- Independent Tests
An Employee testing positive for a drug or alcohol test shall have the right, at his/her sole expense for up to 90 days after receiving notice of the positive test result, to have the secured portion of the sample that tested positive independently analyzed by a certified laboratory using the gas chromatography/mass spectrometry method. The laboratory must be approved by the Company in writing (which approval will not be unreasonably withheld, provided that the Company is reasonably satisfied that the laboratory’s testing conforms to requirements of this Policy). If the independent test is negative, the Employee shall be reimbursed for the cost of such independent test.
- Right to Present Information Relevant to Tests
An employee or prospective employee may present to the drug testing Medical Review Officer (MRO) and/or the Company information he or she considers relevant to a drug or alcohol test, including medical information and the identity of prescription or non-prescription medication recently or currently used. If the MRO, acting reasonably, determines that there is a legitimate medical explanation for a positive test result, the Company shall regard the results as consistent with legal medication use and take no further action unless required by applicable law.
- Testing Conditions
All sample collection and testing shall be performed in accordance with the following conditions:
- Samples shall be collected and tested with due regard to the privacy of the individual being tested, and in a manner reasonably calculated to prevent substitution, adulteration, or interference with the collection or testing of reliable samples;
- Sample collection shall be documented, and the documentation procedures shall include labeling of samples so as reasonably to preclude the probability of erroneous identification of test results;
- Sample collection, storage, and transportation to the place of testing shall be performed so as reasonably to preclude the probability of sample contamination or adulteration;
- If sample collection or testing is conducted on-site, the testing will be administered by someone who has been trained as competent to administer; and
- Sample testing shall conform to reliable and scientifically accepted analytical methods and procedures, including verification or confirmation of any positive test result, before the result of any test will be used as a basis for any action by the Company.
- Laboratory Selection and Records
The Company will ensure that testing of samples occurs with a laboratory certified by the Substance Abuse and Mental Health Services Administration or the College of American Pathologists or American Association of Clinical Chemists. Samples will be collected by an organization that will be able to collect and have samples tested in accordance with the conditions set out in Section 3 of the Policy section of this document.
- Laboratory Records
All relevant records shall be available for inspection by any employee who has been tested, upon the employee’s written request. Test results may be provided to the employee within five working days of a written request as long as the request is made within six days of the testing date. Such records will be treated as confidential and released only to the employee or the employee’s designee or to Company personnel having a bona fide need to know, except in relation to a proceeding by or against the Company concerning action taken by the Company under Section 5, Company Action, of this Policy. Test results, however, may be disclosed to any insurance company providing insurance coverage to the Company or its employees. All relevant records related to the collection and testing of samples shall be the property of the Company.
- Company Action
- Management Action
If a drug or alcohol test is to be conducted, the supervisor/manager requiring the test must, as soon as practical
- Notify his or her supervisor and Human Resources; and
- Write a narrative report of the information and observations that gave rise to requiring the employee to take the drug or alcohol test (this may be done using the “Post-Accident, Reasonable Suspicion and Random Drug and Alcohol Testing Protocols for Supervisors” document).
- Actions for Violating the Policy
Upon receipt of a verified or confirmed positive drug or alcohol test result which indicates a violation of this Policy, or upon the refusal of any employee or prospective employee to provide a sample, the Company may use the test result or refusal as the basis for disciplinary or rehabilitative actions, which may include any of the following:
- Evaluation by a qualified substance abuse professional and requirement to abide by the recommended treatment and testing as a condition of continued employment;
- Suspension of the employee without pay for a period of time;
- Termination of employment;
- Refusal to hire a prospective employee; or
- Other actions and disciplinary measures as the Company deems appropriate.
- Legal action as deemed appropriate by law enforcement entities.
- Searches and Seizures
- The Company may, without notice, search Company facilities, property, equipment, employee lockers, employee property found on the Company’s premises and work stati The Company may seize any suspected drugs or drug paraphernalia and report the same to law enforcement agencies.
- An employee’s employment and/or continued employment constitute consent to such sear
- Drug Free Workplace Act of 1988
When a business must comply with provisions of the Drug-Free Workplace Act of 1988, the following shall apply:
- Awareness Program
The business will establish a drug-free awareness program, which includes information about:
- The dangers of alcohol and drug abuse in the workplace;
- The Company’s policy of maintaining a drug-free workplace;
- The extent of available alcohol and drug counseling, rehabilitation, and/or employee;
- Assistance measures; and
- The penalties that may be imposed for drug and alcohol violatio
- Notice of Employee Convictions
Pursuant to this law, employees are required as a condition of continuing employment to notify the Company within five days of any criminal convictions for a drug or alcohol-related activity.
This Policy may be modified at any time by the Company to reflect any necessary changes, including updated amendments to the law or other changes. This Policy replaces and supersedes any and all previous drug and alcohol policies. Neither this Policy, employment with the Company, nor the maintenance of supervisory or other policies or procedures shall be construed as constituting a promise from or employment contract with the Company, either express or implied, or an alteration of the Company’s employment at-will policy when applicable.
State Specific Provisions:
State laws supplement what is set forth in this Policy and may impose additional requirements.
|8||Alcohol||Ethyl alcohol or ethanol.
|Drug||Controlled substances, including those listed below, synthetic drugs, and prescription drugs, accepting only prescription medication approved by and used in accordance with the directions of an Employee’s attending physician:
|Marijuana (Cannabinoids) Barbiturates|
|Phencyclidine (PCP) Amphetamines|
|Drug Paraphernalia||Objects used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal drugs, and/or to inject, ingest, inhale, or otherwise introduce a drug into the human body.
|As it applies to the Drug & Alcohol Policy any person in service of the Company for compensation of any kind.
|Manager||For the purpose of this Policy, manager refers to the person the employee reports to, including titles such as manager, superintendent and supervisor.|
|Prospective Employee||Any person who has made application for employment with the Company.
|A reasonable belief by any authorized Company representative or agent that an employee may be impaired based upon personal observations concerning their appearance, behavior, speech, or odors. The Human Resources Department will be notified of any suspicion.|
|Safety Critical Jobs
|Handling and operating explosives Driving a vehicle requiring a CDL.
Urine, blood, breath, saliva or hair.
The Company refers to Lundin Mining and/or Eagle Mine LLC who employs an employee and controls the day-to-day employment activities that directly affect that employee.
Service Provider Drug and Alcohol Testing Information
Service Provider Name:________________________________________________________________
MSHA Contactor ID#:____________________________________________________________
Designated Employers Representative (DER):
Name:_________________________________Phone #:_________________ ____
Name:_________________________________Phone #:_________________ ____
Name:_________________________________Phone #:_________________ ____
It is the responsibility of the Service Provider to inform Eagle Mine whenever there is a change to the aforementioned contact information.
|Version:||Date:||Prepared by:||Approved by:||Reason for Change:|
|1.0||7/1/2014||Allen Whitehead||Mike Welch||Policy Effective Date|
|1.1||10/08/2014||Jessica Sandstrom||Allen Whitehead||Policy Update|